11/9/2023 0 Comments Michael fink cleveland ohio![]() Fink's criminal history category was Level I, resulting in a Guidelines range of 188 to 235 months. With a three-level downward adjustment for acceptance of responsibility, Fink's total offense level was 36. § 2G2.2(b)(7)(C), because the number of images (including videos) retrieved was at least 300 but fewer than 600. ![]() § 2G2.2(b)(6), because a computer was involved in the offense and a four-level increase pursuant to U.S.S.G. § 2G2.2(b)(4), because the material portrayed images of sadistic conduct and/or depictions of violence a two-level increase pursuant to U.S.S.G. § 2G2.2(b)(3)(B), for distributing child pornography in expectation of a thing of value in return (here, more child pornography) a four-level increase, pursuant to U.S.S.G. § 2G2.2(b)(2), because the pornography involved prepubescent minors a five-level increase pursuant to U.S.S.G. The court also made the following adjustments: a two-level increase pursuant to U.S.S.G. At the sentencing hearing, the district court found the base offense level for distribution of child pornography to be 22, pursuant to U.S.S.G. On October 25, 2005, Fink pled guilty to the indictment. On August 31, 2005, a federal grand jury returned a one-count indictment charging Fink with distribution of child pornography, in violation of 18 U.S.C. At the time of the search, Fink gave consent to search his personal computer, which also contained numerous saved images of child pornography. Two of those computers were later found to contain numerous images of child pornography. Following several months of online communication, and pursuant to a search warrant, federal agents seized three computers from the church in June 2005. At the relevant time, Fink was the pastor of a church in Mentor, Ohio, and he used the church computer to store and transmit the images. In return, Fink received deliberately corrupted digital files, purported to be child pornography, from an undercover FBI agent. For the following reasons, we agree and vacate the sentence and remand for resentencing.įrom February through December 2004, Fink distributed child pornography through an Internet chat room. The government appeals, asserting that the sentence is substantively unreasonable. The district court sentenced Fink to 70 months imprisonment and five years of supervised release. The district court found the appropriate sentencing range under the Sentencing Guidelines to be 188 to 235 months. Fink pled guilty to distribution of child pornography. įollowing a period of FBI surveillance and his subsequent indictment, defendant William A. *586 Before: SUHRHEINRICH and GIBBONS, Circuit Judges HEYBURN, Chief District Judge. Robert Smith, III, Cleveland, Ohio, for Appellee. Sullivan, ASSISTANT UNITED STATES ATTORNEY, Cleveland, Ohio, for Appellant. Decided and Filed: September 7, 2007.ĪRGUED: Michael A. United States Court of Appeals, Sixth Circuit. 502 F.3d 585(2007) UNITED STATES of America, Plaintiff-Appellant,
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